The Lucknow Bench of the Allahabad High Court has dismissed a Public Interest Litigation (PIL) seeking a direction to remove the word Kshatriya from the name of Srawasti Naresh Sushail Dev Bhar engraved on the foundation stone installed at Village and Pargana Maseehabad, Tehsil- Bahraich, Chittorajheel Paryatak Sthal statue/idol and add Bhar in place of Kshatriya.
The Division Bench of Justice Attau Rahman Masoodi and Justice Subhash Vidyarthi passed this order while hearing a PIL filed by Rajbhar Ekta Kalyan Samiti through its Chairman Pawan Kumar Rajbhar.
By means of the PIL, the petitioner has prayed for the following main reliefs:
“(i) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to remove the word ‘Kshatriya’ from the name of Srawasti Naresh Sushail Dev Bhar engraved on the foundation stone installed at Village and Pargana Maseehabad, Tehsil- Bahraich, Chittorajheel Paryatak Sthal statue/idol and add ‘Bhar’ in place of ‘Kshtriya’.
(ii) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties always use the name Srawasti Naresh Suhail Dev Bhar in any place wherever it is to be used at Village and Pargana Maseehabad, Tehsil- Bahraich, Chittorajheel Paryatak Sthal.”
The Court said that,
It is well settled that writ proceeding inclusive of PIL cannot be entertained by this Court to deal with the questions of academic interest alone. The petitioner itself is a caste based organization which has not traced the origin of Maharaja Suhail Deo Rajbhar belonging to Rajbhar community on the basis of any admissible evidence having legal sanctity.
The great-men have given birth in all the religions/castes who have been known for their attainments whether spiritual, bravery, literary or science. History testifies their great deeds for which they are remembered by their name irrespective of caste.
Though we respect the sentiments of the petitioner, yet we cannot embark on an academic question like the one which has been agitated in the petition. Even otherwise, identification on the basis of caste, in our humble consideration, seems to serve no public interest.
Since the PIL involves questions of academic interest alone, the Court declined to entertain the same, which is hereby dismissed by the High Court.
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